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Recently the Springfield State Journal Register wrote a blistering editorial calling on Attorney General Lisa Madigan to lead the legislative charge to strengthen Illinois' Freedom of Information Act. The BGA seconds that emotion.
Back in 2006 the BGA did an analysis of local governments' compliance with the Act. Our report, Curiosity Killed the Cat, highlighted the very poor performance by local units of government across the state. Of the over 400 units of government we FOIAed, approixmately 40% never even bothered to respond in any fashion. Rather than complying with state law, most units of government seemed preoccupied with trying to figure out why we wanted the records in the first place.
Furthermore, the Attorney General's own office has compiled thorough annual reports that demonstrate the systemic lack of compliance with the Act.
Back in September of 2007 the Attorney General publicly vowed to strengthen the Act through new legislation. Although the BGA applauds the Attorney General for her work in support of the Act and the creation of the Public Access Counselor, we feel time for more substantive action has come. There is no confusion as to whether the Act is too weak or not, it clearly lacks the necessary toughness.
In the 21st century citizens expect, and are right to expect, that they should be able to demand and receive most public records. We pay taxes that fund government, the government rules in our name, and we are expected to follow the rules that government imposes. In exchange, it is only fair and reasonable that government should be required to produce documentation as to how they spend our money, administer our programs and create the rules.
The Freedom of Information Act needs to be revised to ensure quick responses, pare down the number of records exempt from disclosure, make attorneys fees easier to obtain and strengthen the penalties for non-compliance. These steps would make state and local government live up to the premise of the Act, namely that "all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees."
Justice Bradeis once famously stated "Sunlight is the best disinfectant." Bad policies, bad spending decisions and bad administration all depend on some degree with remaining in the shadows. If the public is simply unaware of what government is doing and government will not share the information with the public, the public suffers through poor spending decisions and poor policy. Transparency, or sunlight, is the best cure for the problem. Better yet, with these tough economic times reforming the Freedom of Information Act is relatively inexpensive, it is no major public works program or tax hike. Furthermore, more tranparency would likely expose wasteful and inefficient programs, thereby freeing up precious public dollars for legitimate govenrment programs and services.
The BGA is looking forward to the Attorney General living up to her promise to stenghten the Act in the Spring legislative session. Failure to do so will cause that promise to ring hollow.
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